ArticleCopyright Cases In The News - July 28th, 2016The Electronic Frontier Foundation (EFF) has sued the government on behalf of technology creators and researchers in a bid to overturn Section 1201.United StatesIntellectual PropertySmith Gambrell & Russell
ArticleEleventh Circuit Rejects Georgia's Copyright For The Annotations To The Official Code Of GeorgiaA government cannot copyright a statute, but what about the annotations to the statute? In Code Revision Commission v. Public.Resource.Org, Inc., Case No. 17-11589United StatesIntellectual PropertySmith Gambrell & Russell
ArticleLegal Update: On-Sale Bar Applies To Secret SalesOn January 22, 2019, the Supreme Court held that amendments by the America Invents Act (AIA) to the U.S. Patent Act did not exclude secret sales from the on-bar sale doctrine, meaning such sales that occur before a patent's filing can lead to its invalidation. United StatesIntellectual PropertySmith Gambrell & Russell
ArticlePatent Trial And Appeal Board Determined That University Of Minnesota Waived Sovereign Immunity By District CourtAs previously reported, recent decisions by the Patent Trial and Appeal Board (PTAB) provided state entities a green light to use sovereign immunity as a defense in Inter Parties Review (IPR) proceedings.United StatesIntellectual PropertySmith Gambrell & Russell
ArticleThe Eleventh Circuit Rejects Georgia's Copyright For The Annotations To The Official Code Of GeorgiaA government cannot copyright a statute, but what about the annotations to the statute? United StatesIntellectual PropertySmith Gambrell & Russell
ArticleCo-op Board Learns That Emails Can Bite BackThe brawl begins. Back in 2017, the actors Justin Theroux and his then-wife Jennifer Aniston got approval from their Greenwich Village co-op board to combine their apartment...United StatesLitigation, Mediation & ArbitrationSmith Gambrell & Russell
ArticleOrder Granting Motion For Assignment Order For National GrangeSGR has secured another victory for client the National Grange of the Order of Patrons of Husbandry ("National Grange") that will significantly advance its collection efforts for a $144,715.70 attorney...United StatesLitigation, Mediation & ArbitrationSmith Gambrell & Russell
ArticleThe Eleventh Circuit Again Favors ArbitrationBodine v. Cook's Pest Control, Inc., Case No. 15-13233 (decided July 29, 2016), enforced an arbitration agreement in an employment contract. In that case, the Court dealt with the impact of the Uniform...United StatesLitigation, Mediation & ArbitrationSmith Gambrell & Russell
ArticleAvoid Truthful But Misleading AdvertisingAvoid truthful but misleading advertising. Be careful what you say, especially about your competitors. As expected, competitors are sensitive to any negative allegations ...United StatesMedia, Telecoms, IT, EntertainmentSmith Gambrell & Russell
ArticleNAD Rebuffs Unsubstantiated Salad Spinner Ad ClaimsA recent National Advertising Division decision concerning salad spinners reminds us that precise claims require precise substantiation, no matter the nature of the product. United StatesMedia, Telecoms, IT, EntertainmentSmith Gambrell & Russell
ArticleAvoiding The Most Common Mistake Tenants Make When Renewing A Commercial LeaseMany tenants think renewing a commercial lease or exercising a pre-existing and pre-negotiated option to expand or extend is an easy process that can be handled without the involvement of a lawyer.United StatesReal Estate and ConstructionSmith Gambrell & Russell
ArticleMore On Second Hand SmokeThere was a collective sigh of relief last week when the Appellate Division, First Department – the New York appellate court whose jurisdiction includes Manhattan and the Bronx...United StatesReal Estate and ConstructionSmith Gambrell & Russell
ArticleWhat A Tangled [And Costly] Web We Weave …..The commercial lease agreement between The St. Luke's Hospital Center, as landlord, and WestSide Radiology Associates, as tenant, prohibited WestSideUnited StatesReal Estate and ConstructionSmith Gambrell & Russell
ArticleAviation Alert: FAA To Permit Use Of True "Digital" Signatures On Filed Documents Starting April 1On March 28, 2016, the FAA issued a bulletin in respect of a change by the Aircraft Registry in Oklahoma City to begin accepting "true" digital signatures on certain filed documents.United StatesTransportSmith Gambrell & Russell
ArticleGovernor Kemp Signs Georgia COVID-19 Pandemic Business Safety ActOn August 5, 2020, Governor Brian Kemp signed the "Georgia COVID-19 Pandemic Business Safety Act", Senate Bill (SB) 359. United StatesCoronavirus (COVID-19)Smith Gambrell & Russell
ArticleEmployer Obligations Regarding Election Day LeaveWith Election Day fast approaching, now is the time for employers to ensure they are in compliance with applicable laws relating to voting leave for employees. United StatesEmployment and HRSmith Gambrell & Russell
ArticleTexas District Court Invalidates NLRB's Joint Employer RuleOn March 8, 2024, the United States District Court for the Eastern District of Texas invalidated the recently issued final rule for establishing joint employer status under the National Labor Relations Act ("NLRA").United StatesEmployment and HRSmith Gambrell & Russell
ArticleIncreasing Trademark Scams Discussed At USPTO ForumThese solicitations are typically received by U.S. Mail from U.S. and European locations. United StatesIntellectual PropertySmith Gambrell & Russell
ArticleEleventh Circuit Limits Local Utility MonopoliesCan a municipal water utility use its monopoly to increase its natural gas sales to homeowners? United StatesAntitrust/Competition LawSmith Gambrell & Russell
Article6 Must-Ask Questions Before Completing Merger & AcquisitionFranchise mergers and acquisitions are not slowing down, and the deals range from small, like the recent acquisition of Green Home Solutions by Mosquito Shield...United StatesCorporate/Commercial LawSmith Gambrell & Russell